Defence lawyers are seeking a stay of proceedings in a high-security trial in Victoria, alleging Charter violations during a year-long police investigation into a cocaine trafficking network in the Comox Valley and Campbell River involving alleged Hells Angels associates.
What started in February, and will likely go into the summer, is the trial of Jeff Pasanen, Randall King and Jonathan Clifford, who face a total of 16 charges, including participating in activities of a criminal organization, commission of an offence for a criminal organization, trafficking in controlled substances and possession for the purpose of trafficking.
A man working as an enforcer under Pasanen, the alleged ring leader of the group, turned confidential informant and worked 38 undercover scenarios during the investigation as a police agent, which included wearing recording devices and relaying information to his handlers with the Combined Forces Special Enforcement Unit (CFSEU), who led the investigation between 2021 and 2022.
Prior to the trial’s start, multiple voir dire hearings—a trial within a trial—were held, which led to portions of the Crown prosecution’s evidence being excluded due to having been acquired in a manner that violated the rights of the three men.
Defence is now using those successful voir dire sessions to bolster an application to dismiss the entire case due to the alleged violation of Section 8 of the Canadian Charter of Rights and Freedoms, which covers protection from unlawful searches and seizures. The defence has called the police conduct during the investigation “offensive to community standards.”
In one case, while executing a warrant to search inside King’s Campbell River residence, police seized a DVR and sim card that was found outside and thus not privy to the warrant. Twenty-two devices were seized from King’s house as a result of the warrant, which Justice Douglas Thompson critiqued as “broad” and “careless drafting” of the warrant during a hearing on March 10.
In another instance, police coached an informant on how and what to text King. It was argued that, without a warrant, King had a reasonable expectation of privacy in the text conversation.
Additionally, data from other devices were not under proper judicial supervision, and some of King’s numbers were brought under a transmission data recorder warrant –allowing police to remotely intercept phone calls and phone data – with Justice Thompson noting the issuing judge failed to prove one was actually King’s number.
Of the Charter challenges, Justice Thompson rated the incidents between low and medium seriousness.
A constable with the Combined Forces Special Enforcement Unit (CFSEU) who worked the investigation was cross-examined by the defence team on the week of March 9. Though they were new to the unit, the constable worked directly with the informant’s handlers and were present in investigation briefings related to the case. The informant and the constable cannot be named as a result of a publication ban.
During cross-examination, lawyers asked the officer about situations that arose in the investigation where people around the accused, and the accused themselves, may have been put in danger as a result of the agent’s actions and the investigator’s inaction.
While Pasanen was in the hospital for a couple of months in late 2021, King was alleged to have taken over the business, with the informant overseeing the financial side of the operation.
At one point, King allegedly became angered over inaccuracies in Clifford’s financial reports, with recordings between King and the informant insinuating that Clifford was undermining the organization, which police told the court was knowingly untrue.
“Was there any whiff of concern that you became aware of either in briefings, command triangle briefings, or with any of the members of this team [saying] ‘hey, this is a dangerous game, Mr. Clifford might find himself in a really scary situation because Mr. King’s angry and [the agent is] dumping gas on the fire?’,” Defence lawyer Richard Neary asked the constable.
“No,” the constable answered.
In another incident, police files showed officers were aware Clifford was alleged to have used violence to take money and a gun from a woman named Shawna Leblanc, who was brought to the point of urinating herself. Leblanc, who was described as “emotionally volatile”, an addict and another member of the organization who was the subject of the investigation, wanted the gun back because she was afraid Clifford might use it on her in the future.
The constable did not recall any point where precautions were taken to stop any confrontation between the two, nor did she remember it even coming up in briefings.
Not long before Pasanen was released from the hospital, he reached out to the informant because he was mad about a man, who was incarcerated at a Saanich jail, owed a $8,600 debt. The informant and King were tasked with “sending him a message,” which was understood to be a beating. King found the man’s whereabouts and police were aware he was going to follow up on that information with people at “church” – a Hells Angels meeting.
The constable did not recall any action the police took to protect or even warn the incarcerated man. Pasanen was arrested and charged just weeks after his release from the hospital.
While executing further search warrants, police seized approximately 3.5 kg of suspected cocaine, several guns, a vehicle, Hells Angels paraphernalia, as well as $160,000 in cash. Earlier in the trial, the informant testified he would be tasked to assault people on behalf of Pasanen, who is alledged to have had a monopoly over the cocaine trade in the region. He claimed they regularly worked with full-patch Hells Angels members like former Nanaimo Vice President Sean Kendall.
Six people were arrested when CFSEU executed warrants across Vancouver Island in January 2022, including Pasanen, King and Clifford.
Leblanc and Rhys Bolton of Victoria both pleaded guilty to similar possession for the purposes of trafficking charges.
The decision on the Charter application to dismiss will come at a later, currently unscheduled date.
Do you have something to add to this story, or something else we should report on? Email: bailey.seymour@vicnews.com